Western Australia: Mental Health Act 2014 (WA)

Western Australia Mental Health Act 2014 Western Australia Mental Health Act 2014 Contents Part 1 — Preliminary matters 1. Short title 1 2. Commencement 1 3. Act binds Crown 1 Part 2 — Terms and concepts Division 1 — Definitions and notes 4. Terms used 1 5. Notes and examples not part of Act 1 Division 2 — Mental illness 6. When person has a mental illness 1 Division 3 — Best interests of a person 7. Matters relevant to decision about person's best interests 1 Division 4 — Wishes of a person 8. Matters relevant to ascertaining person's wishes 1 Division 5 — Communicating with a person 9. Language, form of communication and terms to be used 1 Part 3 — Objects 10. Objects 1 Part 4 — Charter of Mental Health Care Principles 11. Regard to be had to Charter 1 12. Compliance with Charter by mental health services 1 Part 5 — Decision making capacity and informed consent Division 1 — Decision making capacity generally 13. Capacity of adult to make decisions 1 14. Capacity of child to make decisions 1 15. Determining capacity to make decisions 1 Division 2 — Informed consent to treatment 16. Requirements for informed consent 1 17. People who can give informed consent 1 18. Determining capacity to make treatment decision 1 19. Explanation of proposed treatment must be given 1 20. Sufficient time for consideration 1 Part 6 — Involuntary patients Division 1 — When a person will be an involuntary patient 21. Involuntary patient 1 22. Inpatient treatment order 1 23. Community treatment order 1 24. Making involuntary treatment order 1 25. Criteria for involuntary treatment order 1 Division 2 — Referrals for examination Subdivision 1 — Person suspected of needing involuntary treatment order 26. Referral for examination at authorised hospital or other place 1 27. Person to be taken to authorised hospital or other place as soon as practicable 1 28. Detention to enable person to be taken to authorised hospital or other place 1 29. Making transport order 1 30. Effect of referral on community treatment order 1 31. Revoking referral 1 Subdivision 2 — Voluntary inpatient admitted by authorised hospital 32. Application of this Subdivision 1 33. Effect of admission on community treatment order 1 34. Person in charge of ward may order assessment 1 35. Revoking order for assessment 1 36. Referral for examination at authorised hospital 1 37. Revoking referral 1 Subdivision 3 — Requirements for referral 38. Application of this Subdivision 1 39. No referral without assessment 1 40. Time limit for making referral 1 41. Form of referral 1 42. Providing information contained in referral to person referred 1 43. Copy of referral must be filed 1 44. Period of referral made under s. 26(2) or (3)(a) 1 45. Extending referral made outside metropolitan area 1 46. Changing place where examination will be conducted 1 Subdivision 4 — Conduct of assessment 47. Application of this Subdivision 1 48. How assessment must be conducted 1 49. Information to which practitioner may have regard 1 50. Assessment of person of Aboriginal or Torres Strait Islander descent 1 Division 3 — Examinations Subdivision 1 — Examination at authorised hospital 51. Application of this Subdivision 1 52. Detention for examination on referral made under s. 26(2) 1 53. Detention for examination on referral made under s. 36(2) 1 54. Conducting examination 1 55. What psychiatrist must do on completing examination 1 56. Effect of order for continuation of detention 1 Subdivision 2 — Examination at place that is not authorised hospital 57. Application of this Subdivision 1 58. Detention for examination 1 59. Detention at place outside metropolitan area 1 60. Conducting examination 1 61. What psychiatrist must do on completing examination 1 62. Detention to enable person to be taken to hospital 1 63. Making transport order 1 Subdivision 3 — Inpatient treatment order authorising detention at general hospital 64. Application of this Subdivision 1 65. Treating psychiatrist must report regularly to Chief Psychiatrist 1 66. Transfer from general hospital to authorised hospital 1 67. Making transport order 1 68. Confirmation of inpatient treatment order 1 Subdivision 4 — Order for further examination at authorised hospital 69. Application of this Subdivision 1 70. Detention at authorised hospital 1 71. Conducting examination at authorised hospital 1 72. What psychiatrist must do on completing examination 1 Subdivision 5 — Examination without referral 73. Application of this Subdivision 1 74. Conducting examination 1 75. What psychiatrist may do on completing examination 1 76. Confirmation of community treatment order 1 Subdivision 6 — Conduct of examination 77. Application of this Subdivision 1 78. Referring psychiatrist cannot conduct examination 1 79. How examination must be conducted 1 80. Information to which examiner may have regard 1 81. Examination of person of Aboriginal or Torres Strait Islander descent 1 Part 7 — Detention for examination or treatment Division 1 — Preliminary matters 82. Application of this Part 1 Division 2 — Detention at authorised hospital or other place for examination 83. Detention authorised 1 Division 3 — Detention at hospital under inpatient treatment order 84. Application of this Division 1 85. Terms used 1 86. Detention authorised 1 87. Period that must be specified in inpatient treatment order 1 88. Period for which detention is authorised 1 89. Examination before end of each detention period 1 90. Changing involuntary inpatient's status 1 91. Transfer between authorised hospitals 1 92. Making transport order 1 93. Involuntary inpatient to be advised of expiry 1 Division 4 — Release from hospital or other place 94. Application of this Division 1 95. Person must be allowed to leave 1 96. Delivery into custody under another law 1 Division 5 — Absence without leave from hospital or other place 97. Persons who are absent without leave 1 98. Making apprehension and return order 1 99. Operation of apprehension and return order 1 100. Period of apprehension and return order 1 101. Revocation of apprehension and return order 1 102. Return of person to place where apprehended 1 Division 6 — Leave of absence from detention at hospital under inpatient treatment order Subdivision 1 — Preliminary matters 103. Application of this Division 1 104. Term used: leave of absence 1 Subdivision 2 — Grant, extension, variation or cancellation of leave 105. Granting leave 1 106. Extending or varying leave granted 1 107. Involuntary inpatient must comply with conditions of leave 1 108. Monitoring involuntary inpatient on leave 1 109. Changing involuntary inpatient's status while inpatient on leave 1 110. Cancelling leave 1 Subdivision 3 — Transport to and from hospital 111. Application of this Subdivision 1 112. Making transport order 1 Part 8 — Community treatment orders Division 1 — Preliminary matters 113. Terms used 1 Division 2 — Making order 114. Things psychiatrist must be satisfied of before making order 1 115. Terms of order 1 Division 3 — Operation of order 116. Duration of order 1 117. Advice about when and where treatment to be provided 1 118. Monthly examination of patient 1 119. Supervising psychiatrist may request practitioner to examine involuntary community patient 1 120. What supervising psychiatrist may do after examination 1 121. Continuation order 1 122. Varying order 1 123. Making inpatient treatment order or revoking community treatment order 1 124. Confirmation of inpatient treatment order 1 125. Involuntary community patient to be advised of expiry 1 Division 4 — Breach of order 126. When involuntary community patient will be in breach 1 127. What supervising psychiatrist must do if order breached 1 128. Order to attend if non‑compliance continues 1 129. Making transport order 1 130. Detention at place specified in order to attend 1 131. Other action that may be taken if non‑compliance 1 Division 5 — Transport to hospital 132. Application of this Division 1 133. Making transport order 1 Division 6 — Supervising psychiatrist and treating practitioner 134. Supervising psychiatrist 1 135. Change of supervising psychiatrist 1 136. Treating practitioner 1 137. Change of treating practitioner 1 Part 9 — Notifiable events Division 1 — Preliminary matters 138. Application of this Part 1 Division 2 — Notification of carers, close family members and other personal support persons 139. Right of any carer, close family member or other personal support person to be notified 1 140. Person responsible required to notify any carer, close family member or other personal support person 1 141. Reasonable efforts to notify carer, close family member or other personal support person 1 142. Notification not in person's best interests 1 143. Advising carer, close family member or other personal support person of decision 1 144. Revocation of decision 1 Division 3 — Notification of other persons and bodies 145. Making, revocation or expiry of involuntary treatment order 1 Division 4 — Notification of Mental Impairment Review Tribunal about absence of supervised persons 145A. Notification about absence of supervised persons 1 Part 10 — Transport orders 146. Application of this Part 1 147. Transport officers 1 148. Making transport order 1 149. Operation of transport order 1 150. Period of transport order 1 151. Extension of transport order made under s. 29(1) if referral extended 1 152. Extension of other transport orders 1 153. Revocation of transport order if referral revoked 1 154. Revocation of transport order if no longer needed 1 155. Return of person if transport order expires or is revoked 1 Part 11 — Apprehension, search and seizure powers Division 1 — Apprehension powers 156. Apprehension by police officer of person suspected of having mental illness 1 157. Assessment of person arrested 1 158. Police must be notified when person leaves 1 159. Apprehension of other persons 1 Division 2 — Search and seizure powers 160. Term used: approved form 1 161. Authorised persons 1 162. Search of person while detained or admitted 1 163. Conduct of search 1 164. Seizure of articles 1 165. Record of search and seizure 1 166. Dealing with articles seized when person apprehended 1 167. Return of articles given to or seized by mental health service 1 168. Return of articles given to medical practitioner or authorised mental health practitioner 1 169. Approval of forms for use by police officers under this Division 1 Part 12 — Exercise of certain powers Division 1 — Detention powers 170. Principles relating to detention 1 Division 2 — Ancillary powers: reasonable assistance and force and directions 171. Term used: prescribed provision 1 172. Reasonable assistance and reasonable force authorised 1 173. Duty to obey directions 1 174. Other written laws not affected 1 Part 13 — Provision of treatment generally Division 1 — Voluntary patients 175. Informed consent necessary 1 176. Informed consent must be filed 1 Division 2 — Involuntary patients and supervised persons 177. Application of this Division 1 178. Informed consent not necessary 1 179. Patient's psychiatrist must ensure regard had to patient's wishes 1 180. Requirements for ascertaining patient's wishes 1 181. Record of treatment to be filed 1 182. Further opinion may be requested 1 183. Request for additional opinion may be refused 1 184. Chief Psychiatrist may request reconsideration of treatment 1 Division 3 — Treatment, support and discharge planning 185. Application of this Division 1 186. Treatment, support and discharge plan 1 187. Preparation and review of plan 1 188. Involvement in preparation and review of plan 1 Division 4 — Provision of treatment to patients of Aboriginal or Torres Strait Islander descent 189. Provision of treatment to patient of Aboriginal or Torres Strait Islander descent 1 Division 5 — Compliance with standards and guidelines 190. Mental health service must comply with standards 1 191. Mental health service must take guidelines into account 1 Part 14 — Regulation of certain kinds of treatment and other interventions Division 1 — Electroconvulsive therapy 192. Electroconvulsive therapy (ECT): meaning 1 193. ECT offence 1 194. ECT on child under 14 years prohibited 1 195. ECT on child over 14 years who is voluntary patient 1 196. ECT on child over 14 years who is involuntary patient or supervised person 1 197. ECT on adult voluntary patient 1 198. ECT on adult involuntary patient or supervised person 1 199. Emergency ECT on adult involuntary patient or supervised person 1 200. Report to Mental Impairment Review Tribunal 1 201. Statistics about ECT 1 Division 2 — Emergency psychiatric treatment 202. Emergency psychiatric treatment: meaning 1 203. Informed consent not required 1 204. Record of emergency psychiatric treatment 1 Division 3 — Psychosurgery 205. Psychosurgery: meaning 1 206. Psychosurgery offence 1 207. Psychosurgery on child under 16 years prohibited 1 208. Psychosurgery on adult or child over 16 years old 1 209. Report to Chief Psychiatrist and Mental Impairment Review Tribunal 1 Division 4 — Deep sleep and insulin coma therapy 210. Deep sleep and insulin coma therapy prohibited 1 Division 5 — Seclusion 211. Terms used 1 212. Seclusion: meaning 1 213. Seclusion must be authorised 1 214. Giving oral authorisation 1 215. Making seclusion order 1 216. Criteria for authorising seclusion 1 217. Treating psychiatrist (if any) to be informed 1 218. Extending seclusion order 1 219. Revoking seclusion order 1 220. Release of person on revocation or expiry of seclusion order 1 221. Record of seclusion order expiring 1 222. Requirements relating to seclusion 1 223. Examination of person released from seclusion 1 224. Report to Chief Psychiatrist and Mental Impairment Review Tribunal 1 225. Reasonable assistance and force authorised 1 Division 6 — Bodily restraint 226. Terms used 1 227. Bodily restraint: meaning 1 228. Principles relating to use of bodily restraint 1 229. Bodily restraint must be authorised 1 230. Giving oral authorisation 1 231. Making bodily restraint order 1 232. Criteria for authorising bodily restraint 1 233. Treating psychiatrist (if any) must be informed 1 234. Varying bodily restraint order 1 235. Revoking bodily restraint order 1 236. Release of person on revocation or expiry of bodily restraint order 1 237. Record of bodily restraint order expiring 1 238. Requirements relating to bodily restraint 1 239. Examination of person when released 1 240. Report to Chief Psychiatrist and Mental Impairment Review Tribunal 1 Part 15 — Health care of people in hospitals Division 1 — Examination to assess person's physical condition 241. Physical examination on arrival at hospital 1 Division 2 — Urgent non‑psychiatric treatment for involuntary inpatients and supervised persons 242. Provision of urgent non‑psychiatric treatment: report to Chief Psychiatrist 1 Part 16 — Protection of patients' rights Division 1 — Patients' rights generally Subdivision 1 — Explanation of rights 243. Application of this Subdivision 1 244. Rights to be explained to person 1 245. Person's rights to be explained to another person 1 246. Person responsible for ensuring explanation is provided 1 Subdivision 2 — Access to records about patients and former patients 247. Term used: relevant document 1 248. Right to access medical record and other documents 1 249. Restrictions on access 1 250. Providing access to medical practitioner or legal practitioner 1 251. Disclosure by medical practitioner or legal practitioner 1 Subdivision 3 — Duties of staff of mental health services toward patients 252. Term used: mental health service 1 253. Duty not to ill‑treat or wilfully neglect patients 1 254. Duty to report certain incidents 1 Division 2 — Additional rights of inpatients in hospitals Subdivision 1 — Admission of voluntary inpatients by authorised hospitals 255. Admission by medical practitioner 1 256. Confirmation of admission by psychiatrist 1 257. Reasons for refusing to admit or confirm admission 1 Subdivision 2 — Rights of inpatients generally 258. Application of this Subdivision 1 259. Personal possessions 1 260. Interview with psychiatrist 1 261. Freedom of lawful communication 1 262. Restrictions on freedom of communication 1 Division 3 — Nominated persons Subdivision 1 — Purpose and effect of nomination 263. Role of nominated person 1 264. Effect of nomination 1 Subdivision 2 — Right to information, and to be involved in matters, relating to patient's treatment and care 265. Application of this Subdivision 1 266. Rights of nominated person 1 267. Responsibility of patient's psychiatrist 1 268. Contacting nominated person 1 269. Provision of information or involvement not in patient's best interests 1 270. Advising nominated person of decision 1 271. Revocation of decision 1 272. Rights in another capacity not affected 1 Subdivision 3 — Making and ending nomination 273. Who can make nomination 1 274. Who can be nominated 1 275. Formal requirements 1 276. Only one nominated person 1 277. Revocation of nomination 1 278. Resignation of nominated person 1 279. Notification of revocation or resignation 1 Part 17 — Recognition of rights of carers and families Division 1 — Role of carers and families 280. Carers 1 281. Close family members 1 282. Acknowledgment of and respect for role of carers and close family members 1 283. More than one carer or close family member 1 Division 2 — Information about and involvement in patient's treatment and care 284. Application of this Division 1 285. Rights of carers and close family members 1 286. Voluntary patient with capacity to consent 1 287. Voluntary patient with no capacity to consent 1 288. Involuntary patient or supervised person with capacity to consent 1 289. Involuntary patient or supervised person with no capacity to consent 1 290. Responsibility of patient's psychiatrist 1 291. Contacting carer or close family member 1 292. Provision of information or involvement not in patient's best interests 1 293. Advising carer or close family member of decision 1 294. Revocation of decision 1 295. Rights in another capacity not affected 1 Division 3 — Identifying carer or close family member 296. When being admitted or received 1 297. While being provided with treatment or care 1 298. Person can withdraw consent, or can consent, at any time 1 Part 18 — Children who have a mental illness 299. Best interests of child is a primary consideration 1 300. Child's wishes 1 301. Views of child's parent or guardian 1 302. Child who is a voluntary patient 1 303. Segregation of children from adult inpatients 1 304. Off-label treatment provided to child who is involuntary patient 1 Part 19 — Complaints about mental health services Division 1 — Preliminary matters 305. Terms used 1 306. Making complaint to service provider or Director of Complaints Office 1 307. Divisions 3 and 4 to be read with Health and Disability Services (Complaints) Act 1995 1 Division 2 — Complaints to service providers 308. Service provider must have complaints procedure 1 309. Prescribed service providers must provide Director with information about complaints 1 Division 3 — Complaints to Director of Complaints Office Subdivision 1 — Preliminary matters 310. Parties themselves may resolve complaint 1 311. Things done by or in relation to complainant 1 Subdivision 2 — Director of Complaints Office 312. Functions of Director 1 313. Directions by Minister 1 314. Minister to have access to specified information about Director's functions 1 Subdivision 3 — Right to complain 315. Who may complain 1 316. Representative of person with mental illness or carer 1 317. Representative must not be paid 1 318. Service provider may complain on behalf of person with mental illness or carer 1 319. Registration board may complain on behalf of person with mental illness or carer 1 320. Who and what can be complained about 1 321. Time for complaining 1 Subdivision 4 — Initial procedures 322. How to complain 1 323. Referral of complaint about excluded mental health service 1 324. Withdrawal of complaint 1 325. Complainant should try to resolve matter 1 326. Complaint that is not to be dealt with by National Board under Health Practitioner Regulation National Law (Western Australia) 1 327. Complaint that is being dealt with by National Board under Health Practitioner Regulation National Law (Western Australia) 1 328. Preliminary decision by Director 1 329. Rejection, deferral or referral of complaints 1 330. Response by respondent 1 Subdivision 5 — Negotiated settlements and conciliation 331. Resolving complaints by negotiation 1 332. Conciliation of complaints 1 Subdivision 6 — Investigations 333. Conduct generally 1 334. Power to require information and records 1 335. Warrant to enter and inspect premises 1 336. Conciliator cannot investigate 1 Subdivision 7 — Consequences of investigation 337. What Director must do on completing investigation 1 338. Respondent or other person to report on remedial action 1 339. Report not provided or remedial action not taken: report to Parliament 1 Subdivision 8 — Other matters relating to investigations 340. Director to stop if other proceedings begun 1 341. Minister may refer matters for investigation 1 342. Confidentiality 1 Division 4 — Miscellaneous matters 343. Reports to Parliament 1 344. False or misleading information or documents 1 345. Person must not be penalised because of complaint or investigation 1 346. Registers: complaints, matters directed to be investigated 1 347. Delegation by Director 1 Part 20 — Mental health advocacy services Division 1 — Preliminary matters 348. Terms used 1 Division 2 — Mental health advocates: appointment or engagement, functions and powers Subdivision 1 — Appointment or engagement, functions and powers 349. Chief Mental Health Advocate 1 350. Other mental health advocates 1 351. Functions of Chief Mental Health Advocate 1 352. Functions of mental health advocates 1 353. Powers generally 1 354. Directions to Chief Mental Health Advocate about general matters 1 355. Directions to Chief Mental Health Advocate to report on particular issues 1 Subdivision 2 — Contacting identified person or person with sufficient interest 356. Request to contact identified person 1 357. Duty to contact identified person 1 358. Contact on mental health advocate's own initiative 1 Subdivision 3 — Specific powers of mental health advocates 359. Specific powers of mental health advocates 1 360. Documents to which access is restricted 1 361. Disclosure by mental health advocate 1 362. Interfering with exercise of powers 1 363. Issues arising out of inquiries and investigations 1 Division 3 — Terms and conditions of appointment or engagement Subdivision 1 — Chief Mental Health Advocate 364. Terms and conditions of appointment 1 365. Remuneration 1 366. Resignation 1 367. Removal from office 1 368. Acting Chief Mental Health Advocate 1 Subdivision 2 — Other mental health advocates 369. Terms and conditions of engagement 1 370. Remuneration 1 371. Resignation 1 372. Removal from office 1 Division 4 — Other matters relating to mental health advocates 373. Conflict of interest 1 374. Delegation by Chief Mental Health Advocate 1 Division 5 — Staff and facilities 375. Advocacy services staff 1 376. Use of government staff and facilities 1 Division 6 — Annual reports 377. Annual report: preparation 1 378. Annual report: tabling 1 Part 21 — Mental Health Tribunal Division 1 — Preliminary matters 379. Terms used 1 Division 2 — Establishment, jurisdiction and constitution 380. Establishment 1 381. Jurisdiction 1 382. Constitution specified by President 1 383. Constitution generally 1 384. Constitution for psychosurgical matters 1 385. Contemporaneous exercise of jurisdiction 1 Division 3 — Involuntary treatment orders: review 386. Initial review after order made 1 387. Periodic reviews while order in force 1 388. Involuntary patient for continuous period 1 389. Review period may be extended 1 390. Application for review 1 391. Review on Tribunal's own initiative 1 392. Suspending order pending review 1 393. Parties to proceeding 1 394. Things to which Tribunal must have regard 1 395. What Tribunal may do on completing review 1 396. Review of direction given to psychiatrist 1 Division 4 — Involuntary treatment orders: validity 397. Application of this Division 1 398. Declaration about validity of treatment order 1 399. Consequences of declaring treatment order in force to be invalid 1 400. Application for declaration 1 401. Parties to proceeding 1 402. Failure to comply with this Act 1 403. Discretion not to decide on validity of treatment order no longer in force 1 Division 5 — Review of admission of long‑term voluntary inpatients 404. Application of this Division 1 405. Application for review 1 406. Parties to proceeding 1 407. Things to which Tribunal must have regard 1 408. What Tribunal may do on completing review 1 Division 6 — Electroconvulsive therapy approvals 409. Application of this Division 1 410. Application for approval 1 411. Parties to proceeding 1 412. Things Tribunal must be satisfied of 1 413. Tribunal must have regard to Chief Psychiatrist's guidelines 1 414. Other things to which Tribunal must have regard 1 415. Decision on application 1 Division 7 — Psychosurgery approvals 416. Application of this Division 1 417. Application for approval 1 418. Parties to proceeding 1 419. Things Tribunal must be satisfied of 1 420. Things to which Tribunal must have regard 1 421. Decision on application 1 Division 8 — Compliance notices for non‑clinical matters 422. Terms used 1 423. Tribunal may issue service provider with compliance notice 1 424. Application for service of compliance notice 1 425. Parties to proceeding 1 426. Compliance notices to be reported on in annual report 1 Division 9 — Review of orders restricting freedom of communication 427. Application for review 1 428. Parties to proceeding 1 429. Decision on application 1 Division 10 — Jurisdiction in relation to nominated persons 430. Application for decision 1 431. Declaration about validity of nomination 1 432. Revocation of nomination 1 433. Parties to proceeding 1 Division 11 — Review of decisions affecting rights 434. Application for review 1 435. Parties to proceeding 1 436. What Tribunal may do on completing review 1 Division 12 — Procedural matters Subdivision 1 — Proceedings generally 437. Lodgment of documents 1 438. Sittings 1 439. Conduct of proceedings 1 440. Presiding member 1 441. Deciding questions in proceedings 1 442. Assistance from persons with relevant knowledge or experience 1 443. No fees payable 1 444. Each party to bear own costs 1 445. Frivolous, vexatious or improper proceedings 1 Subdivision 2 — Notice of proceedings 446. Notice of applications 1 447. Notice of hearings 1 448. Tribunal may request information from SAT about person's guardian 1 Subdivision 3 — Appearance and representation 449. Party is an adult 1 450. Party is a child with capacity to consent 1 451. Party is a child with no capacity to consent 1 452. Tribunal may make arrangements for representation 1 453. Legal representation of person with mental illness 1 454. Representative must not be paid 1 Subdivision 4 — Hearings and evidence 455. Nature of review proceedings 1 456. Closed hearings 1 457. Conduct of hearing in absence of party 1 458. Person chosen by person concerned may be present 1 459. Right to be heard 1 460. Evidence generally 1 461. Oral evidence about restricted information 1 462. Summons to give evidence or produce documents 1 463. Self‑incrimination 1 464. Powers in relation to documents produced 1 465. Offences relating to evidence and documents 1 466. Evidence and findings in other proceedings 1 467. Hearings to be recorded 1 468. Publication of information about proceedings 1 Subdivision 5 — Decisions in proceedings 469. Reasons for decision 1 470. Extension of time to request reasons 1 471. Giving effect to Tribunal's decisions 1 Division 13 — Rules 472. Power to make 1 473. Content 1 474. Publication and tabling 1 Division 14 — Tribunal members 475. President of Tribunal 1 476. Other members 1 477. Terms and conditions of appointment 1 478. Remuneration 1 479. Resignation 1 480. Removal from office 1 481. Acting members 1 482. Delegation by President 1 Division 15 — Registrar and other staff 483. Registrar 1 484. Functions of registrar 1 485. President may give registrar directions 1 486. Registry staff 1 487. Delegation by registrar 1 Division 16 — Annual reports 488. Annual report: preparation 1 489. Annual report: tabling 1 Division 17 — Miscellaneous matters 490. Seal 1 491. Judicial notice of certain matters 1 492. Meetings of members 1 Part 22 — Review by State Administrative Tribunal Division 1 — Preliminary matters 493. Terms used 1 Division 2 — Jurisdiction 494. Review of decisions of Mental Health Tribunal 1 495. Determination of questions of law before Mental Health Tribunal 1 Division 3 — Constitution 496. Constitution generally 1 497. Constitution for psychosurgical matters 1 498. Constitution for determining questions of law 1 Division 4 — Procedural matters 499. No fees payable 1 500. Appearance and representation 1 501. Closed hearings 1 502. Publication of information about proceedings 1 Division 5 — Appeals to Supreme Court 503. Appeals against SAT's decisions 1 504. Grounds of appeal 1 505. Time for appeal or leave to appeal 1 506. Certain parties must be represented 1 Part 23 — Administration Division 1 — Preliminary matters 507. Term used: mental health service 1 Division 2 — Chief Psychiatrist Subdivision 1 — Appointment, terms and conditions 508. Appointment 1 509. Terms and conditions of appointment 1 510. Remuneration 1 511. Resignation 1 512. Removal from office 1 513. Acting Chief Psychiatrist 1 Subdivision 2 — Functions and powers generally 514. Functions generally 1 515. Responsibility for treatment and care 1 516. Directions by Minister 1 517. Minister may request report about any matter 1 518. CEO of Health Department may request report about treatment and care of patients 1 519. Powers generally 1 Subdivision 3 — Specific powers relating to treatment and care 520. Review of treatment 1 521. Visits to mental health services 1 522. Offence to interfere with visit to mental health service 1 523. Directions to mental health services to disclose information 1 Subdivision 4 — Notifiable incidents 524. Application of this Subdivision 1 525. Term used: notifiable incident 1 526. Reporting notifiable incidents 1 527. Action that Chief Psychiatrist may take 1 528. Notification of decision to take action 1 529. Chief Psychiatrist's powers of investigation 1 530. Notification of outcome of investigation 1 Subdivision 5 — Staff and facilities 531. Chief Psychiatrist's staff 1 532. Use of government staff and facilities 1 Subdivision 6 — Annual reports 533. Annual report: preparation 1 534. Annual report: tabling 1 Subdivision 7 — Miscellaneous matters 535. Request for information about patient or person detained 1 536. Request for list of certain supervised persons 1 537. Delegation by Chief Psychiatrist 1 Division 3 — Mental health practitioners and authorised mental health practitioners 538. Mental health practitioners 1 539. Authorised mental health practitioners 1 540. Register of authorised mental health practitioners 1 Division 4 — Authorised hospitals 541. Authorised hospital: meaning 1 542. Authorisation of public hospitals 1 543. Patients to be transferred if hospital no longer authorised 1 Division 5 — Mental health services approved for electroconvulsive therapy 544. Chief Psychiatrist to approve mental health services 1 Division 6 — Approved forms 545. Chief Psychiatrist to approve forms 1 546. Publication of approved forms and related guidelines 1 Division 7 — Guidelines and standards 547. Publication of guidelines and standards 1 548. Application, adoption or incorporation of other documents 1 549. Publication on Agency's website 1 Division 8 — Miscellaneous matters 550. Delegation by Minister or CEO 1 Part 24 — Interstate arrangements Division 1 — Preliminary matters 551. Terms used 1 Division 2 — Intergovernmental agreements 552. Agreements with other States and Territories 1 553. Agreement must be in place 1 554. Performance of functions under corresponding laws or intergovernmental agreements 1 Division 3 — Transfer to or from interstate mental health service 555. Transfer from hospital to interstate mental health service 1 556. Making transport order 1 557. Transfer from interstate mental health service to hospital 1 558. Transport of interstate inpatient to hospital 1 Division 4 — Community treatment orders 559. Treatment interstate under State order 1 560. Making transport order 1 561. Treatment in State under interstate order 1 562. Supervision in State under interstate order 1 Part 25 — Ministerial inquiries 563. Appointment of person to conduct inquiry 1 564. Powers of investigation 1 565. Interfering with investigation 1 566. Conduct of inquiry generally 1 567. Evidence generally 1 568. Summons to give evidence or produce documents 1 569. Self‑incrimination 1 570. Powers in relation to documents produced 1 571. Offences relating to evidence and documents 1 Part 26 — Information Division 1 — Voluntary disclosure of information by public authorities and mental health services 572. Powers of Agency's CEO 1 573. Powers of CEOs of prescribed State authorities 1 574. Powers of CEOs of mental health services 1 575. Delegation by CEO of prescribed State authority 1 Division 2 — Miscellaneous matters 576. Confidentiality 1 577. Authorised recording, disclosure or use of information 1 578. Receipt and storage of, and access to, information disclosed 1 Part 27 — Miscellaneous matters 579. Restrictions on powers of medical practitioners and mental health practitioners 1 580. Obstructing or hindering person performing functions 1 581. Amendment of referrals and orders 1 582. Medical record to be kept by mental health services 1 583. Protection from liability when performing functions 1 584. Protection from liability when detaining person with mental illness 1 585. Relationship with Freedom of Information Act 1992 1 586. Regulations 1 587. Review of this Act after 5 years 1 Part 28 — Repeals 588. Acts repealed 1 589. Regulations repealed 1 Part 29 — Transitional matters for Mental Health Act 2014 Division 1 — Preliminary matters 590. Terms used 1 Division 2 — Administrative provisions Subdivision 1 — Chief Psychiatrist 591. First Chief Psychiatrist (1996 Act s. 8) 1 592. Review of psychiatrists' decisions about involuntary patients (1996 Act s. 12) 1 593. Inspections of relevant premises (1996 Act s. 13) 1 594. Records of Chief Psychiatrist 1 Subdivision 2 — Authorised practitioners 595. Authorised mental health practitioners (1996 Act s. 20) 1 Subdivision 3 — Authorised hospitals 596. Authorisation of public hospitals (1996 Act s. 21) 1 Subdivision 4 — Registrar and staff of Mental Health Review Board 597. Registrar (1996 Act s. 22(a)) 1 598. Other staff (1996 Act s. 22(b)) 1 Division 3 — Involuntary patients Subdivision 1 — Referral for examination 599. Referral for examination of person (1996 Act s. 29) 1 600. Referral for examination of voluntary inpatient (1996 Act s. 30) 1 601. Personal examination for referral (1996 Act s. 31 and 32) 1 602. Transport to authorised hospital or other place (1996 Act s. 34) 1 Subdivision 2 — Examination at authorised hospital 603. Detention of person who is referred at authorised hospital (1996 Act s. 36) 1 604. Detention of voluntary inpatient admitted to authorised hospital 1 605. Examination of person who is referred (1996 Act s. 37 including as applied by s. 30(5)) 1 606. Order made in respect of person who is referred (1996 Act s. 37 including as applied by s. 30(5)) 1 Subdivision 3 — Examination at place other than authorised hospital 607. Receival of person at place other than authorised hospital 1 608. Examination for purposes of referral made under 1996 Act s. 29(2)(b) 1 609. Detention of person for assessment at authorised hospital (1996 Act s. 39 and 40) 1 610. Assessment because of order made under 1996 Act s. 39(1) 1 611. Order made in respect of person detained for assessment (1996 Act s. 40(1)(b)) 1 612. Transport to authorised hospital (1996 Act s. 41) 1 Subdivision 4 — Detention in authorised hospital 613. Transfer to another authorised hospital (1996 Act s. 46) 1 614. Period of detention specified in order (1996 Act s. 48) 1 615. Examination of patient within detention period (1996 Act s. 49(1) and 50(1)) 1 616. Order made on examination within detention period (1996 Act s. 49(3) including as applied by s. 50(2)) 1 617. Order made at any time (1996 Act s. 52) 1 Subdivision 5 — Absence without leave and leave of absence 618. Absence without leave (1996 Act s. 57) 1 619. Apprehension of person absent without leave (1996 Act s. 58) 1 620. Grant of leave (1996 Act s. 59) 1 621. Monitoring of involuntary inpatient on leave (1996 Act s. 62) 1 622. Release of involuntary inpatient while on leave (1996 Act s. 63) 1 Subdivision 6 — Treatment of involuntary patient in community 623. Community treatment order made under general power (1996 Act s. 67) 1 624. Confirmation of community treatment order (1996 Act s. 69) 1 625. Order made on revocation of community treatment order (1996 Act s. 70) 1 626. Transport to authorised hospital (1996 Act s. 71) 1 627. Review by supervising psychiatrist (1996 Act s. 75) 1 628. Extension of community treatment order (1996 Act s. 76) 1 629. Examination and report by authorised medical practitioner (1996 Act s. 77) 1 630. Variation of community treatment order (1996 Act s. 79) 1 631. Notice of breach (1996 Act s. 81) 1 632. Order to attend if breach continues (1996 Act s. 82) 1 633. Order for police assistance (1996 Act s. 84) 1 Division 4 — Treatment of patients 634. Informed consent (1996 Act Pt. 5 Div. 2) 1 635. Psychosurgery: approval already given (1996 Act s. 101) 1 636. Psychosurgery: application for approval pending (1996 Act s. 102) 1 637. Electroconvulsive therapy: course of treatment commenced before commencement day 1 638. Electroconvulsive therapy: recommendation referred to Mental Health Review Board (1996 Act s. 106) 1 639. Other medical treatment that is not psychiatric treatment (1996 Act s. 110) 1 640. Second opinion requested (1996 Act s. 111) 1 641. Dissatisfaction with second opinion (1996 Act s. 112) 1 642. Seclusion (1996 Act s. 119) 1 643. Mechanical bodily restraint (1996 Act s. 123) 1 Division 5 — Mental Health Review Board Subdivision 1 — President and other members of Board 644. Appointment to Mental Health Tribunal (1996 Act s. 126 and Sch. 1) 1 Subdivision 2 — Reviews and inquiries 645. Initial review after commencement day (1996 Act s. 138) 1 646. First periodic review after commencement day (1996 Act s. 139) 1 647. Application for review pending before commencement day (1996 Act s. 142) 1 648. Suspension of order or restraint of action pending review (1996 Act s. 143) 1 649. Board initiated review (1996 Act s. 144) 1 650. Order that community treatment order be made (1996 Act s. 145(2)(b)) 1 651. Complaints to Board (1996 Act s. 146) 1 652. Enquiries directed by Minister (1996 Act s. 147) 1 653. Final report about activities of Mental Health Review Board (1996 Act s. 148) 1 654. Records and proceedings of Mental Health Review Board 1 Subdivision 3 — Applications to State Administrative Tribunal 655. Applications for review or determination of questions of law (1996 Act Pt. 6 Div. 2A) 1 Subdivision 4 — Appeals from State Administrative Tribunal 656. Appeals to Supreme Court (1996 Act Pt. 6 Div. 3) 1 Division 6 — Protection of patient's rights 657. Interview with psychiatrist requested by patient (1996 Act s. 164) 1 658. Personal possessions left at authorised hospital (1996 Act s. 165(3)) 1 659. Order restricting or denying patient's rights (1996 Act s. 169) 1 660. Application for review of order restricting or denying patient's right (1996 Act s. 170) 1 Division 7 — Community support services 661. Funding and services agreements (1996 Act s. 174) 1 Division 8 — Council of Official Visitors 662. Matters generally 1 663. Request for visit by official visitor (1996 Act s. 189) 1 664. Exercise of powers by official visitors and panels (1996 Act s. 190) 1 665. Reports requested by Minister (1996 Act s. 192(2)) 1 666. Final report about activities of official visitors (1996 Act s. 192(3)) 1 667. Records of Council of Official Visitors 1 Division 9 — Other matters under 1996 Act 668. Person taken into protective custody (1996 Act s. 195) 1 669. Examination of person arrested (1996 Act s. 196) 1 670. Things seized by police officer (1996 Act s. 197) 1 671. Review of determination of capacity to vote (1996 Act s. 203) 1 672. Records of patients (1996 Act s. 204) 1 673. Request for information about patient or person detained (1996 Act s. 205) 1 674. Inquiries (1996 Act Pt. 10 Div. 5) 1 675. Rectification of referrals and orders (1996 Act s. 212) 1 Division 10 — Miscellaneous matters 676. Transitional regulations 1 677. Interpretation Act 1984 not affected 1 Part 30 — Transitional matters for Criminal Law (Mental Impairment) Act 2023 678. Terms used 1 679. Functions in respect of Board 1 680. Duty to contact identified person 1 Schedule 1 — Charter of Mental Health Care Principles Schedule 2 — Notifiable events Notes Compilation table 1 Defined terms Western Australia Mental Health Act 2014 An Act — * to provide for the treatment, care, support and protection of people who have a mental illness; and * to provide for the protection of the rights of people who have a mental illness; and * to provide for the recognition of the role of carers and families in providing care and support to people who have a mental illness, and for related purposes. Part 1 — Preliminary matters 1. Short title This is the Mental Health Act 2014 1. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions1. 3. Act binds Crown This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities. Part 2 — Terms and concepts Division 1 — Definitions and notes 4. Terms used In this Act, unless the contrary intention appears — admission, of a patient, means the admission of the patient by a mental health service, whether the patient is admitted as an inpatient or otherwise; adult means a person who has reached 18 years of age; advance health directive means any of the following — (a) an advance health directive made under the GAA Act Part 9B; (b) an instrument recognised as such under the GAA Act section 110ZA; (c) a directive given by a patient under the common law containing treatment decisions in respect of the patient's future treatment; Agency means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister in administering this Act; approved form means a form approved by the Chief Psychiatrist under section 545(1); authorised hospital has the meaning given in section 541; authorised mental health practitioner means an authorised mental health practitioner designated as such by an order in force under section 539; bodily restraint has the meaning given in section 227; carer, of a person, has the meaning given in section 280(1); CEO means the chief executive officer of the Agency; CEO of the Health Department means the chief executive officer of the Health Department; Charter of Mental Health Care Principles means the Charter of Mental Health Care Principles in Schedule 1; Chief Mental Health Advocate means the Chief Mental Health Advocate appointed under section 349; Chief Psychiatrist means the Chief Psychiatrist appointed under section 508(1); child means a person who is under 18 years of age; child and adolescent psychiatrist means a psychiatrist who has qualifications and clinical training in the treatment of mental illness in children; CLMI Act means the Criminal Law (Mental Impairment) Act 2023; close family member, of a person, has the meaning given in section 281(1); community mental health service means a service that conducts assessments or examinations for the purposes of this Act or provides treatment in the community, but does not include the private practice of a medical practitioner or other health professional; community treatment order has the meaning given in section 23(1); Director of the Complaints Office means the Director as defined in section 305; discharge, of a patient, means the discharge of the patient by a mental health service, whether the patient was admitted as an inpatient or otherwise; document has the meaning given in the Evidence Act 1906 section 79B; electroconvulsive therapy has the meaning given in section 192; emergency psychiatric treatment has the meaning given in section 202; enduring guardian, of an adult, means the person's enduring guardian as defined in the GAA Act section 3(1); enduring power of guardianship means — (a) an enduring power of guardianship made under the GAA Act Part 9A; or (b) an instrument recognised as such under the GAA Act section 110O; file, in relation to an order, record or other document relating to a patient or other person, means to put the order, record or other document on the patient's or other person's medical record; GAA Act means the Guardianship and Administration Act 1990; general hospital means a hospital (as defined in the Health Services Act 2016 section 6) where overnight accommodation is provided to patients other than any of these hospitals — (a) an authorised hospital; (b) a maternity home; (c) a nursing home; guardian, of an adult, means the person's guardian as defined in the GAA Act section 3(1); Health Department means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Health Minister in the administration of the Health Legislation Administration Act 1984; Health Minister means the Minister responsible for the administration of the Health Legislation Administration Act 1984; health professional means — (a) a medical practitioner; or (b) a nurse; or (c) an occupational therapist; or (d) a psychologist; or (e) a social worker; or (f) in relation to a person who is of Aboriginal or Torres Strait Islander descent — (i) a health professional listed in paragraphs (a) to (e); or (ii) an Aboriginal or Torres Strait Islander mental health worker; hospital means — (a) an authorised hospital; or (b) a general hospital; informed consent, to the provision of treatment, means consent to the provision of the treatment given in accordance with Part 5 Division 2; inpatient treatment order has the meaning given in section 22(1); involuntary community patient means a person who is under a community treatment order; involuntary inpatient means a person who is under an inpatient treatment order; involuntary patient has the meaning given in section 21(1); involuntary treatment order has the meaning given in section 21(2); medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; mental health advocate means — (a) the Chief Mental Health Advocate; or (b) a mental health advocate engaged under section 350(1); mental health practitioner has the meaning given in section 538; mental health service — (a) means any of these services — (i) a hospital, but only to the extent that the hospital provides treatment or care to people who have or may have a mental illness; (ii) a community mental health service; (iii) any service, or any service in a class of service, prescribed by the regulations for this definition; and (b) does not include — (i) a private psychiatric hostel; or (ii) a DSC declared place as defined in the CLMI Act section 9(1); Mental Health Tribunal means the Mental Health Tribunal established by section 380; mental illness has the meaning given in section 6; Mental Impairment Review Tribunal means the Mental Impairment Review Tribunal established by the CLMI Act section 156; metropolitan area means an area of the State prescribed by the regulations as a metropolitan area; Minister means the Minister responsible for the administration of this Act; neurosurgeon means a person — (a) whose name is contained in the register of specialist surgeons kept by the Medical Board of Australia under the Health Practitioner Regulation National Law (Western Australia) section 223; and (b) who has clinical training in neurosurgery; nominated person, of a person, means the person nominated under section 273(1) to be the person's nominated person; nomination means a nomination made under section 273(1); nurse means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession — (a) whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse; or (b) whose name is entered on Division 2 of the Register of Nurses kept under that Law as an enrolled nurse; occupational therapist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the occupational therapy profession; parent or guardian, of a child, means the person who has parental responsibility (as defined in the Family Court Act 1997 section 68) for the child; patient means — (a) an involuntary patient; or (b) a supervised person required under the CLMI Act to be detained at an authorised hospital; or (c) a voluntary patient; patient's psychiatrist means — (a) if the patient is a voluntary patient — the treating psychiatrist; or (b) if the patient is an involuntary patient who is under an inpatient treatment order — the treating psychiatrist; or (c) if the patient is an involuntary patient who is under a community treatment order — the supervising psychiatrist; or (d) if the patient is a supervised person required under the CLMI Act to be detained at an authorised hospital — the treating psychiatrist; personal information has the meaning given in the Freedom of Information Act 1992 in the Glossary clause 1; personal support person, of a person, means a person referred to in section 7(2)(b)(i), (ii), (iii), (iv) or (v); private hospital has the meaning given in the Private Hospitals and Health Services Act 1927 section 2(1); private psychiatric hostel has the meaning given in the Private Hospitals and Health Services Act 1927 section 2(1); psychiatrist means a medical practitioner who is — (a) a Fellow of the Royal Australian and New Zealand College of Psychiatrists; or (b) a person, or a person in a class of person, prescribed by the regulations for this definition; psychologist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession; psychosurgery has the meaning given in section 205; public hospital has the meaning given in the Health Services Act 2016 section 6; registration board has the meaning given in the Health and Disability Services (Complaints) Act 1995 section 3(1); remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1); seclusion has the meaning given in section 212; social worker means a person who is a member of, or is eligible for membership of, the Australian Association of Social Workers; staff member, of a mental health service (however defined in this Act) or a private psychiatric hostel, means a person — (a) who is employed in the mental health service or private psychiatric hostel under a contract of employment or contract of training; or (b) who provides services to the mental health service or private psychiatric hostel under a contract for services; supervised person has the meaning given in the CLMI Act section 9(1); supervising psychiatrist has the meaning given in section 113; traditional healer, in relation to an Aboriginal or Torres Strait Islander community, means a person of Aboriginal or Torres Strait Islander descent who — (a) uses traditional (including spiritual) methods of healing; and (b) is recognised by the community as a traditional healer; transport officer means a person, or a person in a class of person, authorised under section 147 to a carry out a transport order; treating psychiatrist, in relation to a patient, means the psychiatrist who is in charge of the patient's treatment; treatment means the provision of a psychiatric, medical, psychological or psychosocial intervention intended (whether alone or in combination with one or more other therapeutic interventions) to alleviate or prevent the deterioration of a mental illness or a condition that is a consequence of a mental illness, and does not include bodily restraint, seclusion or sterilisation; treatment decision, in relation to a person, means a decision to give consent, or to refuse to give consent, to treatment being provided to the person; treatment in the community means treatment that can be provided to a patient without detaining the patient at a hospital under an inpatient treatment order; treatment, support and discharge plan has the meaning given in section 186; voluntary inpatient means a voluntary patient who is admitted by a mental health service as an inpatient; voluntary patient means a person to whom treatment is being, or is proposed to be, provided by a mental health service but who is not — (a) an involuntary patient; or (b) a supervised person required under the CLMI Act to be detained at an authorised hospital. Note for this definition: A voluntary patient can also be — (a) a person who is referred under section 26(2) or (3)(a) or 36(2) or is under an order made under section 55(1)(c) or 61(1)(c); or (b) a supervised person who is released from an authorised hospital under a leave of absence order under the CLMI Act. [Section 4 amended: No. 36 of 2015 s. 4; No. 11 of 2016 s. 296(2)-(4); No. 4 of 2018 s. 114; No. 9 of 2022 s. 424; No. 1 of 2023 s. 87; No. 10 of 2023 s. 355.] 5. Notes and examples not part of Act A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act. Division 2 — Mental illness 6. When person has a mental illness (1) A person has a mental illness if the person has a condition that — (a) is characterised by a disturbance of thought, mood, volition, perception, orientation or memory; and (b) significantly impairs (temporarily or permanently) the person's judgment or behaviour. (2) A person does not have a mental illness merely because one or more of these things apply — (a) the person holds, or refuses or fails to hold, a particular religious, cultural, political or philosophical belief or opinion; (b) the person engages in, or refuses or fails to engage in, a particular religious, cultural or political activity; (c) the person is, or is not, a member of a particular religious, cultural or racial group; (d) the person has, or does not have, a particular political, economic or social status; (e) the person has a particular sexual preference or orientation; (f) the person is sexually promiscuous; (g) the person engages in indecent, immoral or illegal conduct; (h) the person has an intellectual disability; (i) the person uses alcohol or other drugs; (j) the person is involved in, or has been involved in, personal or professional conflict; (k) the person engages in anti‑social behaviour; (l) the person has at any time been — (i) provided with treatment; or (ii) admitted by or detained at a hospital for the purpose of providing the person with treatment. (3) Subsection (2)(i) does not prevent the serious or permanent physiological, biochemical or psychological effects of the use of alcohol or other drugs from being regarded as an indication that a person has a mental illness. (4) A decision whether or not a person has a mental illness must be made in accordance with internationally accepted standards prescribed by the regulations for this subsection. Division 3 — Best interests of a person 7. Matters relevant to decision about person's best interests (1) This section applies whenever a person or body is required under this Act to decide what is or is not in the best interests of a person. (2) The person or body making the decision must have regard to these things — (a) the person's wishes, to the extent that it is practicable to ascertain those wishes; (b) the views of each of these people — (i) if the person has an enduring guardian or guardian — the enduring guardian or guardian; (ii) if the person is a child — the child's parent or guardian; (iii) if the person has a nominated person — the nominated person; (iv) if the person has a carer — the carer; (v) if the person has a close family member — the close family member; (c) any other matter that the person or body considers relevant to making the decision. Division 4 — Wishes of a person 8. Matters relevant to ascertaining person's wishes (1) This section applies whenever a person or body is required under this Act to ascertain the wishes of a person in relation to a matter. (2) For the purposes of ascertaining those wishes, the person or body must have regard to the following — (a) any treatment decision in an advance health directive made by the person that is relevant to the matter; (b) any term of an enduring power of guardianship made by the person that is relevant to the matter; (c) anything that the person says or does that is relevant to the matter if it is said or done at a time that is reasonably contemporaneous with when those wishes are required to be ascertained; (d) any other things that the person or body considers relevant to ascertaining those wishes. Division 5 — Communicating with a person 9. Language, form of communication and terms to be used (1) For this section, communication with a person includes the provision to a person of any advice, explanation, information, notification or reasons. (2) Any communication with a person under this Act must be in a language, form of communication and terms that the person is likely to understand using any means of communication that is practicable and using an interpreter if necessary and practicable. Part 3 — Objects 10. Objects (1) The objects of this Act are as follows — (a) to ensure people who have a mental illness are provided the best possible treatment and care — (i) with the least possible restriction of their freedom; and (ii) with the least possible interference with their rights; and (iii) with respect for their dignity; (b) to recognise the role of carers and families in the treatment, care and support of people who have a mental illness; (c) to recognise and facilitate the involvement of people who have a mental illness, their nominated persons and their carers and families in the consideration of the options that are available for their treatment and care; (d) to help minimise the effect of mental illness on family life; (e) to ensure the protection of people who have or may have a mental illness; (f) to ensure the protection of the community. (2) A person or body performing a function under this Act must have regard to those objects. Part 4 — Charter of Mental Health Care Principles 11. Regard to be had to Charter A person or body performing a function under this Act must have regard to the principles set out in the Charter of Mental Health Care Principles. 12. Compliance with Charter by mental health services (1) In this section — mental health service includes a private psychiatric hostel. (2) A mental health service must make every effort to comply with the Charter of Mental Health Care Principles when providing treatment, care and support to patients. Part 5 — Decision making capacity and informed consent Division 1 — Decision making capacity generally 13. Capacity of adult to make decisions (1) For the purposes of this Act, an adult is presumed to have the capacity to make a decision about a matter relating to himself or herself unless the adult is shown not to have that capacity. (2) For the purposes of this Act, if an adult does not have the capacity to make a decision about a matter relating to himself or herself, the person who is authorised by law to do so may make the decision on the adult's behalf. 14. Capacity of child to make decisions (1) For the purposes of this Act, a child is presumed not to have the capacity to make a decision about a matter relating to himself or herself unless the child is shown to have that capacity. (2) For the purposes of this Act, if a child does not have the capacity to make a decision about a matter relating to himself or herself, the child's parent or guardian may make the decision on the child's behalf. 15. Determining capacity to make decisions (1) For the purposes of this Act, a person has the capacity to make a decision about a matter relating to himself or herself if another person who is performing a function under this Act that requires that other person to determine that capacity is satisfied that the person has the capacity to — (a) understand any information or advice about the decision that is required under this Act to be provided to the person; and (b) understand the matters involved in the decision; and (c) understand the effect of the decision; and (d) weigh up the factors referred to in paragraphs (a), (b) and (c) for the purpose of making the decision; and (e) communicate the decision in some way. (2) For the purposes of this Act, a decision made by a person about a matter relating to himself or herself must be made freely and voluntarily. Division 2 — Informed consent to treatment 16. Requirements for informed consent (1) A person gives informed consent to the provision of treatment to a patient (whether he or she or another person is the patient) only if — (a) the requirements of this Division in relation to making a treatment decision about the provision of the treatment are satisfied; and (b) the consent is given freely and voluntarily. (2) Failing to offer resistance does not by itself constitute giving consent. 17. People who can give informed consent Informed consent to the provision of treatment to a patient can be given by — (a) the patient; or (b) if the patient does not have the capacity to make a treatment decision about the provision of the treatment to himself or herself — the person who is authorised by law to make the treatment decision on the patient's behalf. Notes for this section: 1. An adult can give informed consent by making an advance health directive (see the GAA Act section 110ZJ(2)). 2. An adult's enduring guardian or guardian, or the person responsible for an adult, can give informed consent on the adult's behalf (see the GAA Act section 110ZJ(3) to (5)). 3. A child's parent or guardian can give informed consent on the child's behalf unless the child has the capacity to give informed consent (see section 302(3)). 18. Determining capacity to make treatment decision A person has the capacity to make a treatment decision about the provision of treatment to a patient if another person who is performing a function under this Act that requires that other person to determine that capacity is satisfied that the person has the capacity to — (a) understand the things that are required under section 19 to be communicated to the person about the treatment; and (b) understand the matters involved in making the treatment decision; and (c) understand the effect of the treatment decision; and (d) weigh up the factors referred to in paragraphs (a), (b) and (c) for the purpose of making the treatment decision; and (e) communicate the treatment decision in some way. 19. Explanation of proposed treatment must be given (1) Before a person is asked to make a treatment decision about the provision of treatment to a patient, the person must be provided with a clear explanation of the treatment — (a) containing sufficient information to enable the person to make a balanced judgment about the treatment; and (b) identifying and explaining any alternative treatment about which there is insufficient knowledge to justify it being recommended or to enable its effect to be predicted reliably; and (c) warning the person of any risks inherent in the treatment. (2) The extent of the information required under subsection (1) to be provided to a person is limited to information that a reasonable person in the person's position would be likely to consider significant to the treatment decision unless the person providing the information knows, or could reasonably have been expected to know, that the person is likely to consider other information to be significant to the treatment decision. (3)